Schwartz v. Banbury Woods Homeowners Ass'n

MARTIN, Chief Judge.

Michael Schwartz and Dawn Gray (collectively “plaintiffs”) appeal from orders denying their motions for a temporary restraining order, a preliminary injunction, and partial summary judgment, and granting defendant Banbury Woods Homeowners Association’s motion for summary judgment. For the reasons discussed below, we affirm.

On 20 August 1985, the Declarations of Covenants, Conditions and Restrictions (“CC&Rs”) for defendant and the Banbury Woods Subdivision were recorded in the Wake County Register of Deeds. When it was first recorded in 1985, Article XIV of the CC&Rs…